Viacom CEO might give deposition in Sumner Redstone case, but media mogul won’t be questioned

Viacom Chief Executive Philippe Dauman and two of Sumner Redstone’s doctors might have to submit to questioning about the health and cognitive abilities of the 92-year-old media mogul, a Los Angeles County Superior Court judge ruled.

However, Superior Court Judge David J. Cowan refused to grant a request that lawyers be allowed to take an hour-long deposition of Redstone.

“The court finds that even a short deposition of Redstone, who is 92 and not in good health, is an unnecessary invasion of his privacy,� Cowan wrote in a 14-page ruling Monday. “Moreover, Redstone’s apparently serious speech impediment would likely make any deposition unproductive.�

However, Cowan’s ruling to allow depositions of Dauman and the two doctors keeps alive a petition filed last month by Manuela Herzer, a former companion who was Redstone’s primary caregiver until October.

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For the record, 4:29 p.m. Monday: An earlier version of this story and headline said the judge ruled that Viacom Chief Executive Philippe Dauman would have to give a deposition in the matter. However, the judge did not definitively rule that the Viacom chief must give a deposition. Instead, the judge said he would allow a Dauman deposition about issues related to Redstone’s healthcare directive.

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Herzer and her lawyers are arguing that Redstone’s health took a bad turn in early September and that he is now mentally incompetent.

Herzer, 51, is trying to reverse a decision in October to remove her as Redstone’s primary caregiver and as the designated agent in charge of Redstone’s advance healthcare directive should he become incapacitated.

Herzer’s lawyers asked the judge to allow them to take depositions of Redstone as well as Dauman and Redstone’s doctors so they could gather evidence to build their case that the mogul lacks capacity.

The depositions of Dr. James Edward Spar and Dr. Richard Gold would take place in mid-January. The judge also set a Feb. 8 hearing to consider Redstone’s lawyers’ request to dismiss Herzer’s case.

“We got three of the four people that we wanted, and we will build up to Mr. Redstone,� Herzer’s attorney, Pierce O’Donnell, said outside the courtroom after a nearly 30-minute hearing Monday.

“We believe that we will get to [the proposed Redstone deposition] eventually,� O’Donnell said.

Dauman was designated as Redstone’s healthcare agent, replacing Herzer, on Oct. 16. Dauman last month filed a declaration saying that he speaks to Redstone frequently on the phone and that the two executives engaged in substantive in-person conversations during Dauman’s visits to Los Angeles in October and November.

Redstone, who lives in the Beverly Park section of Beverly Hills, is executive chairman of CBS Corp. and Viacom Inc., but he has not attended corporate events during the last 18 months. Dauman has been a friend and business associate of Redstone’s for three decades.

Shortly after the court hearing, the two sides got into a dispute about whether Dauman would have to give a deposition after all.

“We have a right to take his deposition,� O’Donnell said. “He’s made claims of Sumner’s reportedly sound state of mind and he’s the designated healthcare agent. He’s a key witness in the case. .... By offering his declaration, they have injected him into the vortex of this controversy.�

The judge, in his written order, said that a deposition of Dauman would not be a violation of Redstone’s privacy. Cowan did mention potential problems with a Dauman deposition, including the fact that Dauman is a resident of New York, and thus a California judge may not be able to order one.

During the hearing, the judge said that any deposition of Dauman must center on issues regarding Redstone’s health and his advance healthcare directive.

“I don’t want [questions] to be: What’s going to happen to Viacom,� Cowan said during the hearing.

O’Donnell, for his part, said he would fly to New York to question Dauman at Viacom’s corporate offices.

“We are going to New York.... I’ve heard that they serve Perrier at Viacom,� O’Donnell said.

The Redstone camp, for its part, applauded Cowan’s ruling.

“We are pleased that the court has once again rejected Ms. Herzer’s attempt to disrupt Mr. Redstone’s life,� Redstone attorney Gabrielle Vidal said in a statement after the hearing.

“Today’s ruling ensures that Mr. Redstone will be left in peace while the court hears directly from his doctors that this proceeding is unnecessary,� Vidal said. “Ms. Herzer claims to want to protect Mr. Redstone when her every action demonstrates her disregard for his welfare. We are glad Mr. Redstone will be able to continue to enjoy the holiday season with his family and friends uninterrupted.�

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